James Cantwell

Note: The following was recently re-written in an orderly narrative by descendant Bob Cantwell.

THE TRANSPORTATION OF JAMES CANTWELL TO NSW

THE CRIME

On the evening of Wed 23 Nov 1831, a group of young men, who were members of the White Feet organization, visited the house of Martin Kavanagh. Such groups had different names in other areas such as  White Boys, Prep O'Day Boys etc. These groups was formed to protect the landholdings of small landowners from being taken over by their landlords, and given out to the landlord’s followers. This visiting group had reason to believe that  Kavanagh was seeking to secure by such means, the half acre in Tourtane, belonging to James' uncle Billy (William Cantwell), and they wanted to dissuade him. They forced Kavanagh to swear on a Bible, that he would not attempt to obtain this land, and that he would not tell the police about their visit. On departing they confiscated one of Kavanagh's firearms.

After finishing at the Kavanagh house the group of five, including two Cantwell cousins, James and John (son of William) came to the house in Tourtane, where the Cantwells lived. The man of the house, James' father Thomas Cantwell, would not allow them in with loaded guns, as they had been drinking. So they went over the fields towards Doonane and fired off the guns. The guns were probably muzzle loaders and the easiest way to unload them, was to pull the trigger. They then returned to the Cantwell home. The shots were heard in Doonanland, where there was a Police Barracks near Doonane. The police came across the fields, surrounded the house, and captured the five men. Elsewhere John's father, William Cantwell, as well as a brother of James, named Michael, were also arrested, and all of them were eventually transported to NSW. Liam, another brother of James, was spirited away by Thomas, so that he would not also be accused and arrested.

The above was recounted to Dennis Owens in a letter to Michael Cahill dated 22 April 1998. Here is an extract:

The Cantwells were referred to as Red Cantwells. I heard my uncle Andy calling the last of them Red Larry. I met a man Joe Brennan who now lives in the house where the Cantwells were born. He is over eighty years old now but he could tell me the whole story.

Note; This old man, who died around mid 2008, is the father of Geoff Brennan who showed us the oldCantwell house on our visit in Sep 2008. He was still living in the old Cantwell house those few months ago, before our visit in Sep 2008 – Bob & Ann Cantwell Oct 2008

He got the story from an old postman who lived in Doonane. His name was Jimmy Doyle.

They were taken to the barracks that night for transfer to Kilkenny Gaol. You can read the rest in newspapers now defunct. Those were unearthed by Fr. Geoffery Brennan who is now dead. He was brother of Joe Brennan who now lives in the Cantwell home in Tourtane and told me the story. There is another brother who died in Australia some years ago. He was PP in Muswellbrook. These Brennans are known as Brennan Geoff. Joe Brennan's family were related to the female side of the Cantwell family.

As there was no issue Joe bought it from his Aunt who was the last Mrs Cantwell. The text of the newspaper articles sent by Denis follow below. Records of the trial of these men are to be found in the notes to James Cantwell, husband of Mary Cantwell (nee Brennan) who sponsored the passage of my great great grandmother Mary Brennan-Roe (nee Brennan-Edward) to Australia.

More can be read about this incident in an article from the Kilkenny Moderator, Wed Nov 30, 1831, as supplied by Denis Owens.

Source: THE KILKENNY MODERATOR, WED. NOV. 30, 1831.

ATTACK ON THE MILITARY AND POLICE, NEAR CASTLECOMER.

On Wednesday night a patrol belonging to the Queen's County Police surprised a number of the "White Feet", who had been assembled at a house on the borders of this County, and made eight of them prisoners besides having captured several stands of arms. The prisoners were conveyed to the police barracks near Newtown Colliery where they arrived at three o'clock on Friday. In consequence of having received information that an attempt would be made to rescue the prisoners on their way to Kilkenny Gaol, they were escorted from thence by a party of 20 police & 25 of the 70th regiment under command of Captain Mathew, Shortly after leaving the Police Barracks immense crowds of people began to assemble, who closely followed the military and police, evidently with a hostile intention. 

Captain Mathew remonstrated with them the folly of their making any attempt to rescue the prisoners, ..., and he recommended them to disperse. They, however, not only refused to take his advice, but immediately began to pelt the military & police with stones, who on firing a few shots, were suffered to proceed without further molestation towards the next turnpike gate, which was completey blocked up by several cars laden with coals having been placed across the road. At this point the people again assembled in increased numbers and began to surround the party, placing a number of women and children in front.

Captain Mathew again addressed the people, urged them to retire and permit him to proceed with the prisoners, but without affect; for at that moment a well-dressed fellow pressed forward and said: "Let the women and children fall back. Now boys, let every man do his duty without fail." Upon which he hurled a stone at Capt. Mathew's head, which fortunately missed its object. This appeared to be the signal for a general assault, and accordingly a shower of stones were poured in upon the military and police. Several shots were then fired at the mob, soon after which they began to retreat, but a great number of them remained at the turnpike gate seemingly determined to resist the further progress of the party. In order to dislodge them a few shots were fired through the cars which had been drawn across the road, notwithstanding which they continued to maintain their ground until Captain Mathew sent a party of the soldiers round to the other side of the gate, upon whose appearance the peasantry at once retired. The police then removed one of the cars, and the party then proceeded into the town of Castlecomer with the prisoners. Captain Mathew, we understand, snapped a pistol, which missed fire, at the fellow who flung the stone at him. It is impossible to ascertain accurately the number of killed and wounded in this unfortunate transaction. A gentleman who was present informs us that five of the ringleaders were killed, and 15 or 20 wounded, of whom two have since died of their wounds. Several of the military and police have suffered severely from the blows they received; one of the latter had his leg fractured. Some of the prisoners also were struck by stones and the handcuffs knocked off two of them.

An express was received by our County Resident Magistrate, Joseph Greene, Esq., about 12 o'clock on Friday night, stating that another attempt to rescue the prisoners was hourly expected, and also to burn the town of Castlecomer. In consequence, Mr. Greene applied to Col. Evans who instantly ordered two companies of the 70th Regiment to proceed there. These gentlemen, with the Earl of Ossory, also started for Castlecomer, where they found everything quiet and peacable.

The prisoners were conveyed to our County Gaol on the following morning (Saturday) escorted by Mr. Greene and a company of the 70th.

The Sunday after Captain Mathew and his party were stationed at Doonane a certain priest addressed his congregation from the altar, and said in allusion to the party of the 70th Regiment there: "Now the murderers have come among you, if you don't take care of yourselves you'll have another Newtownbarry business here." The people in that neighbourhood have likewise been told not to sell provisions of any kind to the military or police. We heard a poor woman who resides near Doonane complain on Saturday of being compelled to bring her potatoes to this city for sale - a distance of twelve miles, where she had to dispose of them for less than she could have obtained at her own house from the Police.

The (Kilkenny) EVENING MAIL of Monday contains the following account of the transaction of Friday:-

"On the night of Wednesday last, at a late hour, a patrol of the Queen's County Police being on duty, heard a shot at no great distance in the County Kilkenny.

The "Green Bonnets" instantly crossed the border, and, advancing rapidly towards the quarter from whence the shot came, surprised the enemy's sentry, who called himself Martin Pike - an appropriate name, considering the service he was in -. Pike kicked and plunged to get off, but it would not do. His noise however, alarmed the Rockite Brigade, who seemed to be mustering their forces in a haggard close at hand. A panic soon siezed them, and the cowardly poltroons took instantly to their heels in all directions. Eight, however, of their quaking comrades were captured. Two blunderbusses, three firelocks, all loaded with ball, and diverse bludgeons fell into the hands of the victors, who conveyed their prisoners to Newtown Colliery Police Barracks. The most daring threats were held out by the "White Feet" that the prisoners should never reach Kilkenny gaol, & notices were circulated through the country, calling on the fraternity to assemble on this occasion. On Friday last, the prisoners being ordered for committal proceeded under an escort of 40 men (half soldiers, half police) under the command of Captain Mathew of the 70th Regiment.

Although a considerable number of country people folowed this escort, no attempt at rescue was made until the party approached the "Lordship Colliery" in the direction of Castlecomer. Here a man of rather respectable appearance, stepping forward from the mob, took off his hat and, waving it in the air, called aloud for "all women and children to depart", an order which was instantly obeyed; leaving masses of men formed on every side of the escort. The same man then discharged a four pounder stone at the officer, which fortunately just missed his head. A volley of stones from the mob quickly followed, while an attempt to rush in on the escort was made.A few shots were fired with fatal effect, which induced the rioters for a moment to keep a more respectful distance. The escort then proceeded, but on reaching the turn-pike gate found the road completely barrickaded with carts chained together and loaded with coals. Several houses which surrounded the spot were filled with the peasantry. Here a most furious attack immediately commenced; showers of stones came thick as hail upon the escort, several of whom were knocked down.

It appears that some shots were fired by the mob. Capt. Mathew, guarding his gallant band thus menaced with destruction, at length gave orders to commence firing, and in a few minutes gave the white feet such doses of powder and and ball as they will not easily forget. This young officer's cool determined demeanour on the occasion is the theme of general admiration among the men he commanded - nor did he use force until every remonstrance and intreaty to disperse had totally failed. We understand ten men were killed on the spot, and upwards of fifty wounded."

We need only call the attention of Government to the details of outrages, similar to the above, which have from time to time appeared in our columns to convince them that the organised state of insurrection which has disclosed itself in different portions of this County, requires the presence of a body of troops, in addition to the skeleton of the gallant Regiment, the 70th, which at present constitutes our garrison. Prevention is at all times better than cure, and there exists no greater incentive to attack than the idea that the force employed to guard against or subdue outrage is numerically insufficient.

Cavalry, from the celerity of its movement, can arrive speediest at the scene of outrage; and, if active interference be required, from the powerful assistance of the horse and the nature of their weapons, can disperse any assemblage with greater efficacy and less loss of life than infantry. This City, from its locality, is peculiarly adapted to the concentration of any description of force - situated half-way between the metropolis of Cork, and within a day's march of Waterford, Clonmel, Carrick, Carlow, and Ross. At very reasonable terms its abundant markets supply every necessary or luxury of life. Added to which, Kilkenny possesses many allurements for the officers, among which the presence of the best pack of Fox-hounds in Ireland cannot be considered the least.

TRIAL OF TEN WHITEFEET FOR ASSAULTING A DWELLING HOUSE.

The next case was that of ten Whitefeet for burglary, assaulting a dwelling, and administering oaths. John Cantwell, Martin Pike, James Whelan, James Duggan, Thomas McDonnell, William Brennan, Michael McEvoy, Martin Brennan, James Cantwell, and James Slattery, were indicted for assaulting the habitation of Martin Kavanagh, and for administering to him an oath not to say anything about the Whitefeet, and for robbing him of a gun.

Judith Kavanagh was first examined- Martin Kavanagh was her husband; she remembered November 1831; her house was broken open, at night, by a party of men; they came up to the bedside with a gun, and struck her husband in the head, and softened the teeth in his head - (a laugh;) - she knew five of the men who came; they then caught him, dragged him out of the bed and put him on his knees, and swore him never to ask the half acre of ground of Wm Cantwell; they then asked him for a gun; he denied it first, and afterwards said he would give it in the morning; that would not do; they desired him never to join a party of Whitefeet; they then took him out in his small-clothes and shirt; she asked were they going to shoot him; they said he would be returned safe; she saw two guns and a pistol with them; there were 7 or 8 guns with them in all; they had her husband out a quarter of an hour; they brought him back; they then went toward Wm. Cantwell's house, and witnesses heard four or five shots; one of the party struck her; she said she was in the family-way; one of the party, a good fellow, said she should not be ill-used (witness here identified John Cantwell, James Whelan, and Martin Brennan) those three had arms; James Whelan struck her husband in the mouth; she did not know who struck herself; there were persons taken that night at Cantwell's house.

Cross-examined by Mr. Hatchell- It was a small, indifferent little cabin she had; there was no glass window in it, but a hole with a little straw - (a laugh) - it had no chimney; there was no smoke; she had a good fire; it was Kilkenny coal - (a laugh) - she lived in the house up till the time her husband was transported - (a laugh) - it was hard to keep her from seeing her husband until the trial was over; she could not say if she wished to see him; or to kiss him; they kissed plenty in their time - (a laugh) - if it would be any use she might wish it; it would be pleasant - (a laugh) - she thought her husband was in the Halk; she left the house after her husband was sent to the "bar;" she put herself under the protection since of all good gentlement - (laughter) - she is now under the protection of Mr. Conyngham; it was not Mr. Connyngham's money that bought her the bonnet she had on her; it was her own money; she got her cloak in good shop from Dublin; she got the money in Dublin; all she wanted was a husband - (a laugh) - Conningham had a nice woman of his own; she eats meat oftener now than she did in Kilkenny - (a laugh) - Mr. Cunningham does drink punch; her (witness's) daughter was also in Cunningham's; she too, had a nice little bonnet; Mr. H. would not go farther than her petticoat; was it Welsh flannel - (a laugh) - she could not tell; it was so long that he saw it; wouldn't she take it up and look at it; it would not be her last with the help of God. She does not know aye or no, if the conviction of the present men was to save her husband from transportation; she did expect it; those men were at large up to the time her husband was tried; she often saw them; she was afraid to stand her ground, although she had been the wife of a Whitefoot, and a Whitefoot herself; why then indeed, she had not a blackfoot; she did not see her husband's gun on his shoulder; she came to Kilkenny on the coach; a good man came with her; left his own pretty wife; perhaps they would travel to Cork together.

Henry Hyland (a sharp, bold young fellow, an approver, was next examined

Before Kavanagh's house was attacked he went to Larry Curren's, who keeps a public house; he saw John Cantwell and James Whelan there. (Witness identified those two.) Witness went from that to Cantwell's house; before he left the house Cantwell made him drink a glass of spirits; he called him out and said he had some business to do that night; They went from that to the witness's uncle's, John Brennan, who keeps a public house; Whelan and Cantwell went with him there; John Cantwel gave them more spirits there; Cantwell said that Kavanagh was going to bring a party to his father's house, and I am going to get a few more to protect the house; they all then went back to Curran's; they then went to Billy Cantwell's (John Cantwell's father). Thomas McDonnell, McEvoy, James Slattery, Martin Pike, and a boy named James Duggan - (witness later identified these latter mentioned -[much confusion here arose as consequence of several nicknames, by which the prisoners were commonly recognised] - when they went to old Billy Cantwell's, they all drank spirits; it was between ten and eleven o'clock; four or five of the party were armed; Whelan and Cantwell had a pistol and blunderbuss and an old gun; the rest of the party had sticks, and witness had a pistol; The whole of the party went from Bill Cantwell's to Martin Kavanagh's; James Whelan, John Cantwell, Martin Brennan, James Slattery, William Duggan, and Michael McEvoy went into Kavanagh's; Whelan raised the latch; witness remained outside with the rest of the party; he heard Kavanagh and his wife cry out, and the wife said not to murder them, and they cried out to Kavanagh, "oh! Captain Rock, now dare you go to raise fire-arms;" they remained at Kavanagh's about half an hour; witness heard the party say, was he determined to demand the land of Billy Cantwell, and if did they'd kill him? they brought out Kavanagh to get his gun; they got it; they then put him on his knees and swore him not to demand the land of Cantwell; the party then went back to old Cantwell's; there were shots after they left Kavanagh's; they heard a shot and one party answered it with another shot; the police came on them in about a quarter of an hour; witness and four more made their escape; witness heard Martin Brennan curse his God that he made the blackthorn stick he had leap off Kavanagh's head.

Cross-examined. - He had but one pistol; it was an old friend of his whenever it was wanted for diversion; he'd shoot a man if he was in danger; he'd sooner shoot a man than be hanged; he could not tell how often he used the pistol; he got it the way all the other arms were got; he would tell how he got it; he got it from another man; he was about 22; his father and mother were alive; his mother was in town; it was not to protect him his mother was in town; there was no occasion - (a laugh) - he was tried in Maryborough last Patrick's Day; sometimes he carried his pistol in the Queen's County; he had given information against several other parties; he was on a trip to Dublin; he did see Mrs. Kavanagh; he was under the pretty Mrs. Conynghan's protection - (a laugh) - witness was about three weeks in Dublin; Colonel Osborne sent him there for the peace of the county; he escaped from Maryborough; he was tried for an attack on a horse policeman also, and he escaped again; he did not go to Colonel Osborne until he saw himself in danger; his father and mother supported him; he was always used to good clothes; got the money from Colonel Osborne; long life to him - (a laugh) - he could not say what became of the pistol he, himself, had; he kept the pistol sometimes in the thatch of the house; he only drank four glasses of whiskey on the night in question; he was sworn against five or six others; that was all for the present; he was often present when a Whitefoot was sworn; it was last February that he lodged informations; he was afraid of being sworn against; he did it for the good of his soul and for his King and Country - (great laughter.)

Re-examined - It was before he went to Dublin, to Conyngham's that he lodged the informations.

Some questions being here asked the witness as to the oath of a Whitefoot, the Crown Counsel pressed him to give the words, which he did to the great amusement of the Court and auditiory.

Mary Kavanagh, the daughter of Kavanagh, was here examined. In her cross-examination an attempt was made to show that she slept out on the night in question.

The witness was asked a question by a Juror, whether it was in the house that they (the Whitefoots) swore her father. She replied that it was in the house, Several Constables were here produced. They brought in several guns &c. One of the guns happening to drop in the direction of Mr. Hatchell that learned gentlemen said, if they (the guns) were loaded to face them in the opposite direction - (A laugh.)

George Russell was one of the police examined. The object of his testimony was to prove that he had arrested some of the prisoners on the night in question, and that he saw the others arrested, and the witness identified them.

Michael Feney was next examined to a like effect.

John Wheatley was also examined nearly to the same effect.

Mr. Lee (the gaoler) was then examined, for the purpose of proving the committal of such of the persons as he could identify.

His Lordship could not see how such evidence could avail.

Mr. Scott stated, that as the police, just examined, could not identify the whole of the prisoners, the object now was, to show that the present prisoners were the party committed on the ocassion referred to.

The prosecution closed here.

Margaret Kavanagh knew Mary Murphy; Martin Kavanagh and Mary Murphy lived under the same roof, divided by a partition; Kavanagh's daughter slept with witness and Mary Murphy that night; Kavanagh's daughter never got up or left the bed that night; next morning Kavanagh's wife said to witness, they were attacked; witness asked was any harm done to them, they replied no, except a gun they took from them. Cross-examined - Kavanagh's daughter slept with Mary Murphy that night; could not say that she slept with her the night after, or before the night; no one but the three were in the house; she did not recollect if she, herself, slept there the night after; she could not tell if she slept there the night before; she was with Mary Murphy the whole of that day; she could not tell the hour she went; she dined there; she made no remark who dined with her that day; she supped the night at Mary Murphy's; she made no remark as to what they had for supper; she could not tell whether Mary Kavanagh supped there. What time did you go in the next morning? I have no more to say (Great laughter.) She went to Dublin to see her sister; witness asked her what did she intend to with theprisoners and she said she had nothing against any but three; it was within the last fortnight she went to Dublin, and Hyland told her she could not do better than stay there; she earned the money which brought her up to Dublin in Pat Foley's service; she had 13s. a quarter; she walked part of the way and went on a car the other part; she had no one from the country.

Re-examined - Hyland told her in Dublin she could not do better than do as he did, who had plenty of money from Colonel Osborne every week.

Mary Murphy recollected the night in question; Mary Kavanagh slept with witness and her aunt Madge, and did not get out of bed that night.

Mr. Clements was examined as to Hyland's general character, and in his opinion he was a man not to be believed on his oath in a court of justice. Mr. Draper was examined to a like effect. He said that Hyland's general character was good until this system commenced.

Several witnesses were then examined as to the good character of the prisoners. It came out in the evidence of one of them, that he had given 3s. toward the defence of those men. He was asked to advance that much money on security. He knew of no others who did so; he gave the money to Mr. Brennan.

Another witness also came up as to character, and stated that he contributed 3s. towards the defence of the prisoners.

The Judge here made some condemnatory remarks of those facts which were thus elicited - it was strange that the prisoners entrusted themselves and their characters to those who were abettors of their proceedings, and who have by unblushing avowal of their conduct, disgraced themselves forever. If (continued the Judge) you bring all those forward who subscribe to the defence of persons charged with little short of high treason - if the Crown should not press it so - do you think that such is a way to make the Jury aquit them.

Mr. Smith was proceeding in his examination on the above when,

The Judge said, is it possible you could think of throwing further discredit on the witness on the table?

The Judge then charged the Jury at great length, collating and summing up the evidence. The Jury retired, and were absent about 20 minutes, when a verdict of guilty was brought in against all the prisoners"...

..."Several other minor case were then entered into (the particulars in

our next) and the presentments gone through when the following sentences were pronounced, after which the assizes terminated:-

John Cantwell, Martin Pike, James Slattery, Michael McEvoy, James Cantwell, Martin Brennan, James Whelan, James Duggan, William Brennan, and Thomas McDonald - Assault on habitation and administering an oath - To be transported for life, and sent off immediately"...